Township of Penn, PA BACKGROUND PROVISIONS

Editor's Note: This ordinance superseded former Ch. 27, Zoning, adopted by Ord. No. 2011-02, 5/9/2011, as amended.

[Ord. No. 2022-01, 1/10/2022]

Word Usage. Words not herein defined shall take on the meaning as defined in the latest edition of Merriam-Webster's Collegiate Dictionary.

Language Interpretation. Terms that are not defined shall have their plain and ordinary meaning, within the context of the provision. The following additional rules shall govern interpretation:

Words in the present tense imply also the future tense.

The singular includes the plural.

The male gender includes the female gender.

The word "person" includes an individual, incorporator's association, member(s) of a partnership or the officers of a corporation, as well as any similar entity.

The term "shall" is always mandatory.

References to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials are to codes, ordinances, resolutions, plans, maps, governmental bodies, commissions or agencies or officials of the Township or the Commonwealth of Pennsylvania as in effect or office from time to time, including amendments thereto or revisions or successors thereof, unless the text indicates another reference is intended.

If a term is not defined in this chapter but is defined in Chapter 22, Subdivision and Land Development, or in the MPC, the definition in Chapter 22 or in the MPC, as applicable, shall apply to this chapter. If a term is not defined in this chapter, Chapter 22, or the MPC, such term shall have its plain and ordinary meaning within the context of the section. A standard reference dictionary should be consulted. If a term is not defined in this chapter, but is defined in Chapter 23, Stormwater Management, the definition in Chapter 23 shall also apply this chapter.

Specific Words and Phrases. The following words and phrases shall have the particular meaning assigned by this section in the appropriate sections of this chapter:

ACCESS DRIVE

An improved cartway designed and constructed to provide for vehicular movement between a public road and a tract of land containing any use other than one single-family dwelling unit or farm.

ACCESSORY USE OR STRUCTURE

A use or structure in the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

ADULT USE

A business or club which engages in one or more of the following areas of sales, services or entertainment:

(1)

ADULT STOREAn establishment which has a substantial or significant portion of its stock in trade involving:

(a)

Printed matter or videos that are distinguished or characterized by an emphasis on depiction of specified sexual activities; and/or

(b)

Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.

(2)

ADULT LIVE ENTERTAINMENTAn establishment which features live performances by dancers, contractors, wait staff or employees exposing female naked breasts or males or females exposing their naked pubic areas in return for compensation.

(3)

ADULT MASSAGE ESTABLISHMENTAny establishment or business which provides massages on other persons in return for compensation in a private setting, and that is not operated by a state-certified massage therapist, or state-licensed health-care professional. This shall not include a principal college, university, secondary school, exercise club, hotel or similar facility where massages are performed as an incidental accessory service, such as to address sports injuries.

(4)

ADULT VIDEO ARCADEAny place to which the public is permitted or invited wherein coin- or token-operated videos are shown to persons in booths, and the videos are characterized by an emphasis on depiction of specified sexual activities.

(5)

ADULT THEATERA room with a capacity of three or more persons used for presenting video in return for compensation in which a substantial portion of the total presentation time measured on an annual basis is devoted to the showing of material which is distinguished or characterized by an emphasis on depiction or description of specified sexual activities.

(6)

ADULT SEXUAL ENCOUNTER CENTERAny business, agency, or person who, for any form of consideration or gratuity, provides a place where two or more persons, not all members of the same family, may congregate, assemble or associate for the purpose of engaging in specified sexual activity, excluding psychosexual workshops operated by a medical practitioner licensed by the commonwealth to engage in sexual therapy.

An adult use shall also include any other use which offers its patrons services or entertainment characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

AGRICULTURE

Activity involving the commercial production and preparation for market of crops, poultry and livestock and in the production, harvesting and preparation for market of agricultural, agronomic, horticultural, silvicultural and aquacultural crops and commodities. The term includes "normal agricultural operations" as defined by the Pennsylvania Right to Farm Act.[1] This definition shall include greenhouses and mushroom houses, but shall not include breeding or boarding kennels as defined within this chapter.

AGRITOURISM ENTERPRISE

Activities conducted on and accessory to a working farm and offered to the public or to invited groups for the purpose of recreation, education, or active involvement in the farm operation. These activities must be directly related to agricultural or natural resources and incidental to the primary operation of the farm. This definition does not include other uses specifically defined within this chapter.

ALLEY

A minor right-of-way, privately or publicly owned, primarily for service access to the rear or sides of properties.

ALTERATIONS

Any change in the supporting members of a building or structure such as bearing walls, columns, beams or girders, joists or rafters, or enclosing walls. Any renovation to a building which would change its use, location, and/or size.

ALTERNATIVE ENERGY SOURCES

See "renewable energy source."

AMUSEMENT ARCADE

A commercial establishment which provides as a principal use amusement devices and/or games of skill or chance (such as pinball machines, video games, Skee-Ball, electronic or water firing ranges and other similar devices). This definition does not include the use of two or less such devices as an accessory use.

ANAEROBIC DIGESTER

A facility that recovers and/or recycles the nutrients primarily from livestock and poultry manure, but may use other biomass materials as secondary catalysts. The recovery and/or recycling process generally involves the burning of such materials to produce electricity, heat and water, but may produce products on a commercial scale for resale, including, but not limited to: electricity, various gases, fuels, fertilizer, animal feed and bulk minerals.

ANCILLARY USE

A use in a business/office/industrial park that is primarily intended to serve employees of the businesses within the development, such as a day-care center, coffee shop, or automatic transaction machine.

ANIMAL EQUIVALENT UNIT (AEU)

An AEU is equal to approximately 1,000 pounds live weight of livestock or poultry animals, regardless of the actual number of individual animals comprising the unit. This weight is calculated on an annualized basis. These units shall be calculated as provided under the State Nutrient Management Act[2] regulations and accompanying standards prepared by the Penn State University Cooperative Extension Service.

For the purposes of measuring intensity under this chapter, AEUs shall be based upon the total acreage of one or more adjacent lots (which may be separated by a road, railroad or waterway) under common ownership, operation or lease for agriculture, and are not based upon all of the acreage that is available for disposal of animal wastes.

ANIMAL HOSPITALS

Any establishment offering veterinary services. Animal hospitals can treat all types of animals and can include outdoor and overnight boarding of animals.

APPLICANT

A landowner or developer, as hereinafter defined, who has filed an application for development, including his/her heirs, successors and assigns.

APPLICATION FOR DEVELOPMENT

Every application, whether preliminary, tentative, or final, required to be filed and approved prior to start of construction or development, including but not limited to an application for a building permit, for the approval of a subdivision plat or plan, or for the approval of a development plan.

APPURTENANCE

A subordinate component or structural feature attached or affixed to a principal structure or erected on the parcel.

ASSISTED LIVING RESIDENCE or PERSONAL CARE HOME

A facility licensed as a personal care home or an assisted living residence by the Pennsylvania Department of Human Services and which provides around-the-clock services to four or more individuals who need such assistance because of their old age, disability or other health condition, and who do not need nursing home care.

ATTIC

That part of a building which is immediately below and completely or partly within the roof framing. Within a dwelling unit, an attic shall not be counted as floor area unless it is constructed as or modified into a habitable room by the inclusion of dormer windows, an average ceiling height of five feet or more, and a permanent stationary interior access stairway to a lower building story.

AUTO AUCTION FACILITY

A commercial establishment for the sale at auction of motor vehicles, boats, trailers, and similar equipment on a recurring basis, and which may include customary accessory uses, such as the storage and display of vehicles awaiting auction, and reconditioning of such vehicles.

AUTO COURT

The operation of three or more separate auto-related uses on a lot, including auto sales, auto auctions, auto reconditioning or auto repair.

AUTO RECONDITIONING

A commercial business at which any or all of the following services are performed upon passenger vehicles:

Washing, waxing, buffing, rubbing and/or application of paint sealants to a vehicle's exterior.

Minor touch-up to a vehicle's exterior paint and/or application of pin stripes and other similar decorative treatments.

Cleaning and shampooing of a vehicle's interior compartment.

Replacement of minor decorative automobile parts and trim.

Degreasing and cleaning of the engine compartment.

AUTO REPAIR GARAGE

The retail repair, servicing, maintenance, and reconstruction of passenger vehicles, and which may also include a car wash.

AUTO SALES

Any building or land devoted to the retail sales of motor vehicles, recreational vehicles or boats, and which may include accessory service and repair facilities if conducted within a completely enclosed building.

AUTO SERVICE STATION

Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any retail sales of motor vehicle accessories, which may not include major repairing, body and fender work, painting, or vehicular sales. This use may be combined with a retail sales use or a restaurant if the requirements for each use are met. This term shall not include a truck stop.

AUTO STORAGE COMPOUND

A primary business where privately owned passenger vehicles may be stored for daily or overnight periods.

BASEMENT

Any area of the building having its floor below ground level on all sides.

BED-AND-BREAKFAST INN

A single-family detached dwelling, where between one and seven rooms are rented to overnight guests on a daily basis for periods not exceeding two weeks, and where the owner or principal operator of the use resides on the site. Meals may be offered only to registered overnight guests.

BILLBOARD

See "sign, billboard."

BIOMASS

Organic materials, derived from living, or recently living, organisms, such as livestock waste, agricultural crops and residue, wood and wood waste, and organic components of municipal and industrial wastes, that may be used as a source of fuel or energy. The term excludes fossil fuels, which have been transformed by geological processes into substances such as coal or petroleum.

BOARD

The Zoning Hearing Board of Penn Township, unless otherwise stated.

BOARDINGHOUSE

A detached building, or part thereof, used to provide housing to more than three unrelated individuals, but not more than 10 individuals, who do not constitute a family. The use may or may not involve providing food to the residents.

BUFFER AREA

A landscaped area, or an area of preserved vegetation, intended to be used as a means of limiting the potentially adverse effects created by a use, on adjoining properties, streets and uses.

BUILDING

Any structure, either temporary or permanent, having walls and a roof or other covering, and designed or used for the shelter or enclosure of any person, animal or property of any kind, including tents, awnings or vehicles situated on private property and used for purposes stated above. For the purposes of § 27-214, a building shall be a combination of materials to form a permanent structure having walls and a roof, including all manufactured homes and trailers to be used for human habitation and gas or liquid storage tanks.

BUILDING AREA

The total of areas taken on a horizontal plane at the average grade level of the principal building and all accessory buildings, exclusive of uncovered porches, awnings, terraces, and steps.

BUILDING FOOTPRINT

The total horizontal area encompassed by a building's outer walls as measured at ground level.

BUILDING HEIGHT

See "height, building."

BUILDING SETBACK LINE, MINIMUM

The minimum distance that is allowed between the face of the building and the nearest adjacent right-of-way or street line. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not include external steps.

BUILDING SETBACK, MAXIMUM

The line which defines the maximum distance that a building facade can be placed from a front lot line, as measured from the street or right-of-way line on which the building fronts.

CAFE

An outdoor seating area associated with a restaurant or tavern which is under constant supervision by an employee of the business.

CAMPGROUND

A lot, tract, or parcel of land upon which two or more campsites are located or established, intended and maintained for occupation by transients in recreational vehicles or tents.

CAMPSITES

A plot of ground within a campground intended for occupation by a recreational vehicle or tent.

CARPORT

An unenclosed structure for the storage of one or more vehicles in the same manner as a private garage, which may be covered by a roof supported by columns or posts, except that one or more walls may be the walls of the main building to which the carport is accessory.

CCRC

See "continuing care retirement community."

CELLAR

A space with less than 1/2 of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than 6 1/2 feet. Within a dwelling unit, a cellar shall not be counted as floor area, nor as a story of permissible building height.

CEMETERY

Land used or intended to be used for the burial of the deceased, including columbariums, mausoleums, and mortuaries when operated in conjunction with the cemetery and within the boundaries thereof. This definition shall not include crematoria, which shall be considered as funeral homes.

CERTIFICATE OF USE AND OCCUPANCY

A statement signed by a duly authorized Township officer, setting forth that a building, structure or use legally complies with this chapter and other applicable codes and regulations and that the same may be used for the purposes stated therein.

CHANNEL

A natural or artificial watercourse with a definite bed and banks which confine and conduct continuously or periodically flowing water.

CLEAN WOOD

Natural, dry wood that has no paint, stains or other types of coatings and has not been treated with any chemical, including, but not limited to, copper chromium arsenate, creosote, or pentachlorophenol.

CLEAR SIGHT TRIANGLE

An area of unobstructed vision at the intersection of two or more streets, access drives or alleys. It is defined depending on street types by lines of sight between points at a given specific distance from the intersection of the center lines of both streets. No obstructions lower than seven feet nor higher than 2 1/2 feet as measured from the nearest street are permitted within the designated clear sight triangle.

CLUBHOUSE

A building within which is housed an organization catering principally to members and their guests, except that the periodic rental of the premises to nonmembers shall be expressly permitted. Clubhouses shall include premises or buildings for social, recreational and administrative purposes which are not conducted for profit, provided there are no vending stands, merchandising or commercial activities, except as required for the membership of such club. Clubs shall include, but not be limited to, service and political organizations and labor unions, as well as social and athletic clubs. Clubhouses shall not be used for: adult uses, off-track betting parlors, or shooting ranges, as defined herein.

CLUSTER DEVELOPMENT (also known as "open space development")

A residential development that allows lot sizes that are smaller than are normally required or greater flexibility in the placement of homes, in return for permanent preservation of a substantial percentage of the tract in permanently preserved open space.

COMMERCIAL KEEPING AND HANDLING

Producing and/or maintaining with the express purpose and intent of selling the product for a livelihood.

COMMERCIAL LIVESTOCK OPERATION

An agricultural use involving more than 50 head of livestock.

COMMERCIAL POULTRY OPERATION

An agricultural use involving more than 500 birds, including, but not limited to, chickens and turkeys.

COMMERCIAL RECREATION FACILITY

A business enterprise, including, but not limited to, bowling alleys, movie theaters, swimming pools, miniature golf courses or driving ranges, etc., which offers recreational activities to the general public. This does not include adult-related uses or amusement arcades, as defined herein.

COMMON OPEN SPACE

Any area of land or water, or a combination of land and water, within a development site designed and intended for use by all residents of a development or the general public. Common open space shall not include street rights-of-way; dwelling units; residential accessory buildings; off-street parking spaces other than off-street parking spaces required to serve permitted recreational amenities within the common open space; driveways and access drives serving any off-street parking other than off-street parking required to serve recreational amenities within the common open space; required front, side and rear setbacks; and/or required separation distance areas between buildings. Common open space may include floodplains, stormwater management facilities, and required agricultural setbacks and residential buffer strips that extend beyond required front, side and rear setbacks. Common open space shall be substantially free of structures but may contain such improvements as are appropriate for recreational use by residents of the development or the general public.

COMMUNICATION ANTENNA

Any facility for the transmission, broadcast or reception of radio, television, short wave, electromagnetic, cellular, wireless or other wave band signals of a similar nature, which are designed or used for the purpose of transmitting, broadcasting or receiving visual, audio, electronic or other information or data, including, without limitation, such facilities for cellular or other wireless telephones, pagers and beepers. (Such facilities do not include receiving facilities which are for sole use of individual consumers and which are located on the property in which such individual consumer resides.) See also the definitions in the Pennsylvania Small Wireless Facilities Deployment Act of 2021.[3]

COMMUNICATION TOWER

Any pole, telescoping mast, tower, tripod, equipment shelter, or any other structure which supports a device used in transmitting or receiving cellular telephone, beeper, radio frequency energy or other frequencies utilized in the communications industry, including, but not limited to, communication antennas and satellite dishes used to transmit and/or receive data.

COMMUNITY FACILITY

A use owned and operated by a government agency, other than Penn Township. For purposes of this definition, transitional housing and public parks shall not be considered a community facility.

COMMUNITY OR CULTURAL CENTER

A building and its related facilities used for educational, social, cultural or recreational activities, which includes museums, community centers, and the like.

COMPOSTING

A facility where authorized types of waste that was obtained principally from off-site locations is processed through controlled aerobic biological decomposition to produce a usable product.

COMPREHENSIVE PLAN

The official Manheim Central Region Comprehensive Plan, Lancaster County, PA, adopted, and any subsequent amendments.

CONCENTRATED ANIMAL FEEDING OPERATION (or CAFO)

A type of raising of livestock or poultry use that meets one or more of the following standards: 1) it is a CAO with greater than 300 AEUs, 2) it is an agricultural operation with greater than 1,000 animal equivalent units (AEUs), or 3) it meets regulations of the U.S. Environmental Protection Agency as a "large CAFO." [Note: As of 2021, such EPA regulations were in 40 CFR 122.23(b)(4).]

CONCENTRATED ANIMAL OPERATION (or CAO)

A type of raising of livestock or poultry use that meets both of the following criteria: 1) it includes eight or more AEUs, and 2) the animal density exceeds two AEUs per acre on an annualized basis.

CONDITIONAL USE

A use which may not be appropriate to a particular zoning district as a whole, but which may be suitable in certain localities within the district only when specific conditions and criteria prescribed for such uses have been complied with. Conditional uses are reviewed by the Board of Supervisors after recommendations by the Planning Commission, in accordance with § 27-705 of this chapter.

CONDOMINIUM

A form of property ownership providing for individual ownership of a specific dwelling unit, or other space not necessarily on ground level, together with an undivided interest in the land or other parts of the structure in common with other owners.

CONSERVATION PLAN

A plan including a map(s) and narrative that, at the very least, outlines an erosion and sedimentation control plan for an identified parcel of land.

CONSTRUCTION

The construction, reconstruction, renovation, repair, extension, expansion, alteration, or relocation of a building or structure, including the placement of manufactured/mobile homes.

CONTINUING CARE RETIREMENT COMMUNITY (CCRC)

A retirement community regulated in part by the State Department of Health or Human Services and in part by the Department of Insurance that provides a continuum of care from independent living to assisted living and long-term care/skilled nursing facilities.

CONTINUOUS VISUAL BUFFER

A visually impenetrable screen created through the effective use of plant materials, fencing, walls and/or earthen berms in the form of a buffer planting strip.

CONVENIENCE STORE

A retail sales business which specializes in providing household products and foods. Convenience stores may also provide for any or all of the following as an accessory use:

The use shall not include any adult use.

The sale of food and beverages shall be allowed, provided that any customer seating shall not occupy more than 20% of the building floor area.

The use shall not include drive-through facilities unless the requirements for a restaurant with drive-through service are also met.

The use shall not include the dispensing of gasoline or other vehicle fuels, unless the appropriate approvals for an auto service station (as defined herein) have been obtained.

CRIMINAL HALFWAY HOUSE

A use involving any one or a combination of the following:

A use (other than a prison or a state-licensed hospital) providing housing for three or more unrelated persons who need specialized housing, treatment and/or counseling because of:

(1)

Rehabilitation that is ordered by the criminal justice or juvenile justice system; and/or

(2)

A type of mental illness or other behavior that causes a person to be a threat to the physical safety of others.

A lot upon which reside two or more persons who are required to register their place of residence with the Pennsylvania State Police as a requirement of the Pennsylvania Megan's Law II, or its successor law, as amended.

DAY-CARE FACILITY

A dwelling, building, or portion thereof, where the care, supervision and protection of children or adults is provided, including any outdoor play area. This definition does not include the offering of overnight accommodations.

DAY-CARE CENTERA day-care facility that is the principal use of a site, and is licensed by the Pennsylvania Department of Human Services (DHS) to provide care for seven or more individuals on any calendar day.

DAY CARE, FAMILYA day-care facility that is operated as an accessory use to a detached single-family dwelling that is registered by the DHS, and offers care and supervision to no more than six different persons during any calendar day, in addition to relatives of the primary care giver.

DAY CARE, GROUPA day-care facility provides care for between seven and 12 children at one time in addition to any relatives of the primary care giver, 2) provides care within a dwelling unit, and 3) is registered with the DHS.

DEED OF TRANSFERABLE DEVELOPMENT RIGHTS

A legal document duly recorded in the Office of the Recorder of Deeds of Lancaster County, Pennsylvania, which grants transfer of ownership or and/or places on record ownership of transferable development rights (TDRs).

DEMOLITION

The dismantling, tearing down or razing of a building or structure, in whole or in part.

DEMOLITION BY NEGLECT

The absence of routine maintenance and repair which leads to structural weakness, decay and deterioration in a building or structure to the point where the building or structure meets the criteria for condemnation.

DENSITY

The number of dwelling units in relation to the acreage of the lot or development tract proposed for development, less only existing public street right-of-way. Where development is in accordance with a particular development option, including, but not limited to, TND or multifamily mixed-use development, the acreage of the lot or development tract shall be based upon the development area, residential area, or other area as specified in the regulations for a particular development option.

DENSITY, BASE

The number of dwelling units per acre permitted within a development without the use of any density bonuses or TDR credits.

DENSITY, NET

The number of dwelling units per acre permitted within a development based on the net acreage of the tract.

DEP

The Pennsylvania Department of Environmental Protection.

DEVELOPER

Any landowner, agent of such landowner, or tenant with the permission of such landowner, who makes or causes to be made a subdivision of land or a land development.

DEVELOPMENT

Any man-made change to improved or unimproved real estate, including, but not limited to, the construction, reconstruction, renovation, repair, expansion, or alteration of buildings or other structures; the placement of manufactured homes; streets, and other paving; utilities; filling, grading and excavation; mining; dredging; drilling operations; storage of equipment or materials; and the subdivision of land.

DEVELOPMENT TRACT

The land, which may be comprised of one or more lots, which is proposed to be developed as a TND, CCRC, industrial park, cluster development, multifamily mixed-use development, or nonresidential development as set forth in an application for development.

DEVELOPMENTAL DISABILITY

A disability of a person which has continued or can be expected to continue indefinitely; a disability which is:

Attributable to mental retardation, cerebral palsy, epilepsy or autism.

Found to be attributable to any other conditions found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior to that of mentally retarded persons, or requires treatment and services similar to those required for such persons.

Attributable to dyslexia resulting from a disability described in Subsections A and B of this definition.

DEVELOPMENTALLY DISABLED PERSON

A person with a developmental disability.

DIAMETER AT BREAST HEIGHT (DBH)

The diameter of a tree trunk measured 4 1/2 feet above the adjacent natural grade.

DISTRIBUTION

A process whereby materials, goods, or products are brought to a facility, stored, and then delivered to another entity.

DRIVE-THROUGH FACILITY

Any portion of a building or structure from which business is transacted, or capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

DRIVEWAY

An improved cartway designed and constructed to provide vehicular movement between a public road and a tract of land serving one single-family dwelling unit or a farm.

DWELLING

Any building or portion thereof designed and used exclusively for residential occupancy. The word "dwelling" shall not include boardinghouses, hotels, motels, trailers or a recreational vehicle. All dwellings must be affixed to the ground by a secure system as provided under the Uniform Construction Code. In addition, all dwellings shall be properly connected to approved and permanently designed sewer, water and electrical systems. A transient dwelling is a particular type of dwelling that is limited to locations where it is specifically allowed in § 27-202.

ACCESSORY DWELLING UNIT (ADU)A dwelling unit that is either attached to the principal permitted building or to a permitted accessory building on a lot that has common utilities with the principal permitted building. Note: In certain cases, this type of unit is limited to occupancy by an older person or disabled person who is related, by blood, marriage, or adoption, to the occupants of the principal dwelling.

APARTMENT OVER COMMERCIALA dwelling unit contained on the upper floor(s) of a building with a principal commercial use.

MULTIFAMILY DWELLINGSA building containing three or more dwelling units that does not meet the definition for another housing type, such as dwellings located above each other.

SINGLE-FAMILY DETACHED DWELLING (SFD)A freestanding building containing one dwelling unit for one family, and having two side yards, one front yard, and one rear yard; in the case of a corner lot, the building will have two front yards and one side and rear yard.

SINGLE-FAMILY SEMIDETACHED DWELLINGA two-family structure in which the two units are separated by an unpierced wall extending from basement to roof. Each unit has a front yard, one side yard, and rear yard. This type of dwelling is also commonly known as half of a side-by-side twin home.

TOWNHOUSE/SINGLE-FAMILY ATTACHED DWELLINGA set of between three and eight dwelling units that are attached by and separated by vertical party walls.

TWO-FAMILY DWELLINGA freestanding building containing two dwelling units for two families, arranged in an over-under configuration.

DWELLING UNIT

One or more rooms connected together that meets all of the following standards: 1) it constitutes a separate, independent housekeeping establishment used for residential occupancy, 2) it is physically separated from any other room or dwelling units which may be in the same building, 3) it contains its own cooking, sleeping and bathroom facilities, and 4) it is occupied by only one family.

EARTHMOVING ACTIVITY

Any construction or other activity which disturbs the surface of the land, including, but not limited to, excavations, embankments, land development, subdivision development, mineral extraction and the moving, depositing or storing of soil, rock or earth.

EXERCISE CLUB

A business that offers primarily indoor active recreational and/or fitness activities.

FAMILY

An individual or individuals related by blood, marriage, civil union, adoption or foster care relationship that function as one common household and live within one dwelling unit. Additionally, for the purposes of determining eligibility to occupy a dwelling unit, a maximum of three unrelated individuals who function as a common household shall live within one dwelling unit. Finally, a family shall also expressly include numbers of unrelated persons who are allowed by this chapter to reside within a Township-approved group home, as defined herein.

FARM

Any parcel of land with 10 or more acres, which is used primarily for gain in the raising of agricultural products, livestock, poultry or dairy products, including necessary farm structures and the storage of equipment customarily incidental to the primary use. Certain agricultural uses or zoning district requirements may require a lot area larger than 10 acres.

FARM-RELATED BUSINESS

A use that is accessory to a principal on-site active agricultural use and that is operated primarily by residents of the property. This use may include but is not limited to: sales and maintenance of agricultural equipment; blacksmith shops; custom butcher shops; a feed or grain mill that is not large scale; processing of locally produced agricultural products; veterinary offices treating farm animals; feed supply and fertilizers distributors; customary types of agricultural composting; and supply of fuel for agricultural use.

FARMER'S MARKET

A seasonal selling of fruits, vegetables or produce, orchard products, flowers, and the like in a predesignated area, where the vendors are typically individuals who have raised, harvested or processed the products.

FEED OR GRAIN MILL

A facility involved in the processing and/or storage of feed or grains for human or animal consumption.

FEED OR GRAIN MILL, LARGE-SCALE

A facility involved in the processing, manufacturing and/or storage of feed, grains and/or related ingredients for human or animal consumption, that occupies an area in excess of two acres, and that serves products brought in by rail or trucks from various farms. This use includes related transloading and shipping operations.

FELLING

The act of cutting a standing tree so that it falls to the ground.

FENCE

A structure designed as a barrier to restrict the movement or view of persons, animals, property and/or vehicles. This definition shall not include ornamental fence treatments that are located in the front yard and extend less than 1/2 the width and/or depth of the front yard.

FILL

Material placed or deposited so as to form an embankment or raise the surface elevation of the land, including, but not limited to, levees, bulkheads, dikes, jetties, embankments, and causeways.

FINANCIAL INSTITUTION

A bank, savings and loan association, credit union, or finance or loan company.

FLEA MARKET

A retail sales use where more than one vendor displays and sells general merchandise that is new or used. Flea markets can include indoor and outdoor display or merchandise.

FLOOD

A temporary inundation of normally dry land areas.

FLOODPLAIN, 100-YEAR

An area that is projected by federal floodplain studies to have a 1% chance of inundation by floodwaters in any calendar year, and as further identified on federal floodplain maps and in Chapter 8 of the Code of Ordinances.

FLOOR AREA, GROSS

The sum of the floor areas of a building as measured to the outside surfaces of exterior walls and including all areas intended and designed for the conduct of a business or use, including attics and cellars.

FLOOR AREA, GROSS LEASABLE

The floor area in a shopping center actually leased to tenants, excluding common areas such as corridors, hallways, common restroom facilities, common storage facilities and other areas not leased by tenants.

FLOOR AREA, HABITABLE

The sum of the floor areas of a dwelling unit as measured to the outside surfaces of exterior walls and including all rooms used for habitation, such as living room, dining room, kitchen, bedroom, bathroom, closets, hallways, and stairways, but not including cellars or attics, or service rooms or areas such as utility rooms, nor unheated areas such as enclosed porches.

FORESTRY

The management of forest and timberlands, when practiced in accordance with accepted silviculture principles, through developing, cultivating, harvesting, transporting, and selling trees for commercial purposes, which does not involve any land development.

FORESTRY OPERATOR

A person engaged in timber harvesting, including the agents, subcontractors, and employees thereof.

GARAGE, PRIVATE

An accessory building for the storage of one or more automobiles and/or other vehicles accessory and incidental to the primary use of the premises; provided, however, that one commercial vehicle of not more than one-ton capacity may be stored therein where the use of such vehicles is not incidental to the use of the premises. No business, occupation or service shall be conducted therein, nor shall space therein for more than one vehicle on a residential lot be leased to a nonoccupant of the premises. If a garage is converted into a use other than vehicle parking, the required off-street parking requirement shall be met by other spaces.

GOLF COURSE

A golf course with a minimum of 2,800 yards of play in nine holes.

GREEN

A plaza, square, tot lot, playground, pocket park, public lawn, natural area, or other outdoor space in which features such as gazebos, sitting walls, pergolas, fountains, benches, landscaping, lighting, sculptures and the like are installed and maintained, and in which public seating, gathering, and informal recreation and the like take place.

GROUP HOME

A dwelling unit licensed to provide a supportive living arrangement for unrelated individuals where special care is needed by the individual(s) served due to a "disability" as defined by federal law. This term shall expressly include facilities for the supervised care of developmentally disabled persons and those under treatment for alcohol and/or drug abuse. If a governmental license or certification is required, a copy of such license or certification shall be provided to the Zoning Officer prior to receiving a certificate of use and occupancy. Group homes shall be subject to the same regulations as the type of dwelling unit they occupy, except as specifically provided otherwise. See also "transitional housing."

HAZARDOUS MATERIAL

Materials which have the potential to damage health, endanger human life or impair safety.

HAZARDOUS WASTE

Any garbage, refuse, sludge from an industrial or other waste water treatment plant, sludge from a water supply treatment plant, or air pollution facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from municipal, commercial, industrial, institutional, mining, or agricultural operations, and from community activities, or any combination of the above, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may:

Cause or significantly contribute to an increase in mortality or an increase in morbidity in either an individual or the total population.

Pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, exposed of, or otherwise managed.

HAZARDOUS WASTE FACILITY

Any structure, group of structures, aboveground or underground storage tanks, or any other area or buildings used for the purpose of permanently housing or temporarily holding hazardous waste for the storage or treatment for any time span other than the normal transportation time through the Township.

HEAVY EQUIPMENT

Trucks, buses and other motor vehicles that have a gross vehicle weight rating of 16,000 pounds or more, or construction equipment of similar weights.

HEIGHT, BUILDING

A building's vertical measurement from the average ground level at the corners of the building to the highest point of the roof. If the back of a single-family detached, single-family semidetached or townhouse dwelling is taller than the front of a building because of a natural slope or a Township-approved finished slope, the maximum building height may be measured along the dimension of the building that is approximately parallel to a street. See height exceptions in § 27-305.

HEIGHT, STRUCTURE OTHER THAN A BUILDING

A structure's vertical measurement from the mean level of the ground abutting the structure to the highest point of the structure.

HELICOPTER PAD (PRIVATE)

An accessory use where no more than one helicopter may land/take off and be stored.

HELIPORT

A principal use where one or more helicopters may land/take off and be stored. Such use may also include support services, such as fueling and maintenance equipment, passenger terminals and storage hangars.

HISTORIC BUILDING, DESIGNATED

A building that the Board of Supervisors has designated as part of this chapter to be a significant historic building that deserves to have a public review and approval process before the building can be partly or completely demolished or relocated under § 27-324. This designation is made to comply with requirements for a zoning ordinance under Article VI of the MPC.

HISTORIC FARMSTEADS

A cluster of one or more barns, dwellings, springhouses or agricultural buildings that were formerly supportive of working farmland, and that involves a minimum of one building having been determined to be eligible for listing on the National Register of Historic Places by the National Parks Service or the Pennsylvania Historical and Museum Commission, or that is on the Lancaster County Historic Sites Register maintained by the Historic Preservation Trust of Lancaster County.

HOME OCCUPATION

A business that is conducted as a customarily accessory and subordinate use to a dwelling unit.

HOME OCCUPATION, GENERAL

A home occupation that does not meet the definition and requirements for a low-impact home occupation.

HOME OCCUPATION, LOW-IMPACT

(Note: This meets the minimum requirements of the MPC for allowance of a no-impact home-based business, but is more permissive than the minimum MPC requirement.) A business or commercial activity administered or conducted as an accessory use which is clearly secondary to the use as a residential dwelling and which does not routinely involve customer, client or patient traffic on a daily basis, whether vehicular or pedestrian, and does not involve pickup, delivery or removal functions to or from the premises in excess of those normally associated with residential use. The business or commercial activity must satisfy the following requirements:

The business activity shall be compatible with the residential use of the property and surrounding residential uses.

The business shall employ no more than one person on-site who is not a permanent resident of the dwelling.

There shall be no display or sale of retail goods and no stockpiling or inventory of a substantial nature, but nonhazardous items for online sales or off-site sales may be stored on-site.

There shall be no outside appearance of a business use, including, but not limited to, signs or lights, except if a sign is specifically allowed by this chapter.

The business activity may not use any equipment or process which creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, which is detectable in the neighborhood.

The business activity may not generate any solid waste or sewage disposal, in volume or type, which is not normally associated with residential use in the neighborhood.

The business activity shall be conducted only within the dwelling or an allowed accessory building, and the business activity may not occupy an area greater than 25% of the habitable floor area of the dwelling unit.

The business may not involve any illegal activity.

HOSPITAL

An institution, licensed in the Commonwealth of Pennsylvania as a hospital, which renders inpatient and outpatient medical care on a twenty-four-hour-per-day basis and provides primary health services and medical/surgical care to persons suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions. A hospital use can also include attached and detached accessory uses, provided that all accessory uses are contained upon the hospital property.

HOTEL or MOTEL

A facility which rents temporary lodging to visitors to the area and which contains more than two guest rooms. A hotel or motel may provide the following: restaurants, lounges, meeting rooms and other common areas; and recreation facilities for use only by registered hotel guests.

IMPERVIOUS SURFACE

Surfaces which prevent the infiltration of water into the ground. All structures, buildings, parking areas, driveways, roads, streets, sidewalks, decks, and any areas of concrete, asphalt, packed stone, and compacted soil shall be considered impervious surface if they prevent infiltration.

IMPORTANT NATURAL HABITAT

Any land area characterized by any or all of the following:

Wetlands as defined by criteria of the U.S. Department of the Interior, Fish and Wildlife Service.

Pennsylvania Natural Diversity Inventory (PNDI) confirmed extant plant and animal species and communities that are listed as Pennsylvania Threatened or Pennsylvania Endangered.

PNDI confirmed extant plant and animal species and communities that have a State Wildlife Action Plan rank of S1 or S2, or their successor designations.

INDEPENDENT LIVING DWELLING UNIT

A dwelling unit for residents of a continuing care retirement community designed for not more than two adult individuals that do not require medical care or assistance to perform daily activities. Such unit may take the form of a single-family detached, attached, or apartment unit and must contain its own separate bath and cooking facilities for the occupants of that individual unit.

INDUSTRIAL PARK

A grouping of two or more industrial establishments developed according to a unified plan on a development tract with fully coordinated interior road access, stormwater management, landscaping and buffering.

INFILL

The development or redevelopment of a parcel or tract in the V or MU District that is surrounded by existing development on at least two sides and comprised of five lots or less.

INTERIOR DRIVE

Any on-site vehicular movement lane(s) that is associated with a use other than a single-family dwelling.

JUNKYARD

An area of land, with or without buildings, used for the storage, outside a completely enclosed building, of used and discarded materials, including, but not limited to: waste paper, rags, metal, building materials, house furnishings, machinery, vehicles, or parts thereof, with or without the dismantling, processing, salvage, sale, or other use or disposition of the same. The deposit or storage on a lot of one or more unlicensed, wrecked, or disabled vehicles, or the major part thereof, shall be deemed to constitute a junkyard. (A disabled vehicle is a vehicle intended to be self-propelled that cannot operate under its own power for any reason, or a vehicle that does not have a valid state license plate or current inspection sticker.)

KENNEL

A property used for the overnight keeping of 10 or more total cats, dogs or similar household pets. This term shall not include the routine accessory keeping of cats as part of a principal agricultural operation. If a property is used for the production of more than two litters of cats or dogs in any calendar year, it shall be considered to be a breeding kennel.

LAND DEVELOPMENT

The definition in Chapter 22, Subdivision and Land Development, shall apply.

LANDING

The place where logs, pulpwood or firewood are assembled for transport to processing facilities.

LANDOWNER

The legal or beneficial owner or owners of land, including the holder of an option or contract to purchase (whether or not such option or contract is subject to any condition), a lessee if he/she is authorized under the lease to exercise the rights of the landowner, or other person having a proprietary interest in land.

LANDSCAPE SCREEN

A continuous visual barrier composed of evergreen shrubs and trees arranged to form both a low-level and a high-level screen from grade to a height of six feet.

LEED (LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN)

A green building rating system developed and administered by the U.S. Green Building Council, designed to promote design and construction practices that increase profitability, while reducing the negative environmental impacts of development and improving occupant health and well-being. Current rating systems address a variety of building projects, including new construction (NC) or existing buildings (EB), as well as overall neighborhood design (ND).

LEED-ND (NEIGHBORHOOD DEVELOPMENT)

A LEED rating system, developed by the U.S. Green Building Council (USGBC), Congress for the New Urbanism (CNU) and Natural Resources Defense Council (NRDC), that integrates the principles of smart growth, new urbanism, and green building into the first national standard for neighborhood location and design.

LIVE-WORK UNIT

A commercial use, such as a shop, studio, office, or other place of business in combination with dwelling units located above such place of business. A person or persons other than the proprietor of the business may occupy a live-work unit.

LOADING SPACE

An off-street paved space suitable for the loading or unloading of goods and having direct usable access to a street or alley.

LOP

The process of cutting treetops and slash into smaller pieces to allow material to settle close to the ground.

LOT

A designated parcel, tract, or area of land established by plat, or otherwise permitted by law, and to be used, developed or built upon as a unit.

LOT AREA

The area contained within the property lines of individual parcels of land, excluding any area within a street right-of-way, but including the area of any easement.

LOT COVERAGE

A percentage of the total lot area which may be covered with an impervious surface, including buildings, structures, driveways, parking area and sidewalks. Temporary seasonal coverings over crops shall not be considered to be impervious.

LOT DEPTH

The horizontal distance measured between the street right-of-way line and the closest rear property line. On corner and reverse frontage lots, the depth shall be measured from the street right-of-way line of the street of address to the directly opposite property line.

LOT WIDTH

The horizontal distance measured between side property lines at the minimum front yard setback line. On corner lots, lot width shall be measured between the right-of-way for the nonaddress street and the directly opposite property line.

LOT, CORNER

A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135°. Corner lots shall have two front yards, one side, and one rear yard.

LOT, FLAG

A lot whose frontage does not satisfy the minimum width requirements for the respective district but that does have sufficient lot width away from the lot's frontage.

LOT, INTERIOR

A lot other than a corner lot, the sides of which do not abut a street.

LOT, THROUGH OR REVERSE FRONTAGE

An interior lot having frontage on two parallel or approximately parallel streets.

MAINTENANCE

Work that does not alter the exterior fabric or features of a building or structure.

MANUAL OF WRITTEN AND GRAPHIC DESIGN GUIDELINES

A document that provides written and graphic design guidelines for the TND Overlay Districts in accordance with Part 8, the Design Standards regulations, as enabled by § 708-A of the MPC[4] and Part 10 of Chapter 22, Subdivision and Land Development.

MANUFACTURE

A function involving either the processing, reprocessing or production of materials, goods or products.

MANUFACTURED/MOBILE HOME

A dwelling meeting the U.S. Department of Housing and Urban Development standards for a manufactured home or the previous American National Standards Institute requirements for a mobile home. This shall only include a dwelling used for permanent human habitation, and that is transported to the site in one or two major pieces. This term shall not include recreational vehicles. Manufactured/mobile homes placed in parks shall meet the requirements for manufactured/mobile home parks listed in § 27-402 of this chapter. Manufactured/mobile homes placed on individual lots shall be considered dwellings, and be bound by the requirements there-imposed. For the purposes of § 27-214 of this chapter, the term "manufactured/mobile home" shall have the same meaning as the term "manufactured home."

MANUFACTURED/MOBILE HOME PARK

A lot in single ownership which has been approved and improved to contain two or more manufactured/mobile home spaces for the placement thereon of manufactured/mobile homes for nontransient use.

MANUFACTURED/MOBILE HOME SPACE

An area of land in a manufactured/mobile home park improved with the necessary utility connections and other appurtenances necessary for the erection thereon of a single manufactured/mobile home.

MANURE STORAGE FACILITIES

A detached structure or other improvement built to store manure for future use or disposal. Types of storage facilities are as follows: underground storage, in-ground storage, earthen bank, stacking area, and aboveground storage.

MEDICAL MARIJUANA DISPENSARY

A use which holds a permit issued by the State Department of Health to dispense medical marijuana, and functions as a retail use serving authorized customers.

MEDICAL MARIJUANA GROWER/PROCESSOR

A use that holds a permit from the State Department of Health to grow and process medical marijuana, and which provides products to retail medical marijuana dispensaries.

MEDICAL OR DENTAL CLINIC

Any building or group of buildings occupied by licensed medical practitioners and related services for the purpose of providing health services to people on an outpatient basis.

MEMBERSHIP CLUB

An area of land or building routinely used by a recreational, civic, social, fraternal, religious, political or labor union association of persons for meetings and routine socializing and recreation that is limited to members and their occasional guests, and persons specifically invited to special celebrations, but which is not routinely open to members of the general public and which is not primarily operated as a for-profit business. This use shall not include a firearms target range boardinghouse, tavern, restaurant or retail sales unless that particular use is permitted in that district and the requirements of that use are met.

MINERAL EXTRACTION

The removal of rock, soil, or mineral from the earth by excavating, stripping, mining, leveling or any other process, but exclusive of excavations or grading involved in the construction of a building; also includes any processing operations in connection with the activities above. Mineral extraction operations must comply with all current applicable federal, state and local regulations.

MINOR REPAIR

The replacement of existing work with equivalent materials for the purpose of its routine maintenance and upkeep, but not including the cutting away of any wall, partition or portion thereof, the removal or cutting of any structural beam or bearing support, or the removal or change of any required means of egress, or rearrangement of parts of a structure affecting the exitway requirements; nor shall minor repairs include addition to, alteration of, replacement or relocation of any standpipe, water supply, sewer, drainage, drain leader, gas, oil, waste, vent, or similar piping, electric wiring or mechanical or other work affecting public health or general safety.

MIXED-USE

A development which combines residential and nonresidential uses within the same building or on the same lot, planned and designed as a complex of related structures and circulation (vehicular and pedestrian) patterns and designed, constructed, or managed as a total entity with customer and employee parking provided on-site and with provision for delivery of goods separate from customer access.

MIXED-USE BUILDING

A building with two or more different types of principal uses, where the uses are typically located one over the other, and which may include apartments over commercial.

MOTEL

See "hotel or motel."

MPC

The Pennsylvania Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, as reeacted and amended by the Act of December 21, 1988, P.L. 1329, Act 170, as amended, 53 P.S. § 10701 et seq.

MULTIFAMILY MIXED-USE DEVELOPMENT

The development of a development tract with one or more buildings containing multifamily dwellings and one or more buildings containing nonresidential uses which meet the requirements of § 27-402.

MUNICIPAL SERVICES

Principal and accessory uses and facilities serving a public purpose that are owned, operated and/or occupied by Penn Township, Northwestern Lancaster County Authority, Northern Lancaster County Regional Police Commission, Northwest Emergency Medical Services, Manheim Area Water and Sewer Authority, or a volunteer fire company officially recognized by ordinance of the Township and assigned first due response territory within the Township by the Board of Supervisors, or the successor organization to one of these named entities.

NET ACRE or NET ACREAGE

The amount of acreage that may be used for building lots after the installation of streets or other existing or proposed improved roadways.

NIGHTCLUB

Any building used for on-site consumption of alcoholic beverages where live entertainment is regularly offered and that has an indoor capacity of more than 150 persons. For the purposes of this definition, "live entertainment" is meant to include the use of disc jockeys for the purposes of supplying musical entertainment. Nightclubs may also provide for on-site consumption of food. Additionally, nightclubs can offer the retail sale of carry-out beer and wine as an accessory use.

NO-IMPACT HOME-BASED BUSINESS

See the definition in the MPC.[5] The MPC definition establishes a minimum requirement and has been incorporated within this chapter into the definition of "low-impact home occupation," but in a slightly more permissive manner.

NONCONFORMING LOT

A lot, the area or dimension of which was lawful prior to the adoption or amendment of a zoning ordinance, but which fails to conform to the requirements of the district in which it is located by reason of such adoption or amendment.

NONCONFORMING STRUCTURE

A structure or part of a structure manifestly not designed to comply with the applicable use or extent of use provisions in this chapter or amendment heretofore or hereafter enacted, where such structure lawfully existed prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation. Such nonconforming structures include, but are not limited to, nonconforming signs.

NONCONFORMING USE

A use, whether of land or of structure, which does not comply with the applicable use provisions in this chapter or amendment heretofore or hereafter enacted where such use was lawfully in existence prior to the enactment of such ordinance or amendment or prior to the application of such ordinance or amendment to its location by reason of annexation.

NONCONFORMITY, DIMENSIONAL

Any aspect of a land use that does not comply with any size, height, bulk, setback, distance, landscaping, coverage, screening, or any other design or performance standard specified by this chapter, where such dimensional nonconformity lawfully existed prior to the adoption of this chapter or amendment thereto.

NURSING HOMES

A facility licensed by the Commonwealth of Pennsylvania Department of Health as a nursing home and which provides supervised, around-the-clock services and/or long-term nursing and/or rehabilitation care to residents who require assistance to perform daily tasks.

OFFICE

A place where the primary use is conducting the affairs of a business, profession, service, or government, including administration, recordkeeping, clerical work, and similar business functions. An office shall not involve manufacturing, fabrication, production, processing, assembling, cleaning, testing, repair, or storage of materials, goods or products; or the sale or delivery of any materials, goods, or products which are physically located on the premises.

ON-SITE OR ON-LOT SEWER SERVICE

The disposal of sewage generated by one principal use with the use of safe and healthful means within the confines of the lot on which the use is located, as approved by DEP.

ON-SITE OR ON-LOT WATER SERVICE

The provision of a safe, adequate and healthful supply of water to a single principal use from a private well.

OPEN HOUSE

An event conducted as part of an attempt to sell or lease a property, whereby the property is open for public inspection. Open houses must always include a paid advertisement in the local media and the on-site supervision by the property owner or his/her agent.

OPEN SPACE

A space unoccupied by buildings or paved surface and open to the sky on the same lot with the building.

OUTDOOR BURNER

A fuel-burning appliance or device, also known as an outdoor hydronic heater, outdoor wood boiler, or outdoor wood heater, that:

Is designed to burn clean wood or clean wood pellets, home heating oil, natural gas, or propane, or other DEP-approved fuel.

Is specified by the manufacturer for outdoor installation or installation within a structure not normally intended for habitation by humans or domestic animals.

Produces heat or hot water for a structure or building through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and antifreeze.

PARENT TRACT

When used in determining the permissible number of lots which may be subdivided or dwellings or other principal nonagricultural buildings erected in the AG Agricultural District, all contiguous land held in single and separate ownership and classified as within the Agricultural District on April 1, 1989, or on the date when such land was first included in the Agricultural District after April 1, 1989, regardless of whether:

Such land is divided into one or more lots, parcels, purparts or tracts.

Such land was acquired by the landowner at different times or by different deeds, devises, partitions or otherwise.

Such land is bisected by public or private streets or rights-of-way, which was held by the landowner or his predecessor in title on April 1, 1989, or, if such land was not classified as Agricultural District (previously known as the Rural District) on April 1, 1989, which was held by the landowner or his predecessor in title on the date such land was first classified as Agricultural District after April 1, 1989.

PARK

A tract of land designated, designed and used for active and passive recreational purposes by the general public that are established by a governmental agency or nonprofit organization on a noncommercial basis, including principal and accessory uses. This definition excludes adult-related uses, amusement arcades, amusement or theme parks, golf courses, off-track betting parlors, racetracks, and shooting ranges.

PARKING LOT

An accessory use in which required, and possibly additional, parking spaces are provided subject to the requirements listed in § 27-310 of this chapter.

PARKING SPACE

An off-street or on-street space available for the parking of one motor vehicle and having usable access to a street or alley.

PARKING STRUCTURE

A multilevel structure designed to accommodate vehicular off-street parking spaces.

PENNDOT

Pennsylvania Department of Transportation.

PERSON

An individual, partnership, public or private association or corporation, firm, trust estate, municipality, governmental unit, public utility, or any other legal entity whatsoever, which is recognized by law as the subject of rights and duties.

PETROLEUM PRODUCT

Oil petroleum of any kind and in any form, including crude oil and derivatives of crude oil. It may be alone, as a sludge, as oil refuse, or mixed with other wastes.

PLACE OF WORSHIP

A building or structure, including a church, chapel, cathedral, synagogue, temple, mosque or other facility, that is principally used for prayer by persons of similar beliefs; or a special-purpose building that is architecturally designed and particularly adapted for the primary use of conducting formal religious services on a regular basis.

PLANNING COMMISSION

The Planning Commission of Penn Township.

PLAYGROUND

An active recreational area with play equipment or play court areas.

PLAZA

A public gathering place, typically ranging from 1,000 to 3,000 square feet, that is designed and maintained with pavers, benches, plantings, and other landscape features as depicted in the Design Standards provisions.

POCKET PARK

A small public gathering place, typically ranging from 300 to 1,000 square feet, that is designed and maintained with features such as benches, plantings, and other landscape features as depicted in the Design Standards provisions.

PORCH

An unenclosed extension of a building that is designed for social activities by residents. Where a porch is required, it shall have minimum dimensions of five feet deep by 10 feet wide, unless otherwise stated.

PORTICO

A porch or walkway with a roof supported by columns, often leading to the entrance of a building.

PRECOMMERCIAL TIMBER STAND IMPROVEMENT

A forest practice, such as thinning or pruning, which results in better growth, structure, species composition, or health for the residual stand, but which does not yield a net income to the landowner, usually because any trees cut are of poor quality, are too small, or are otherwise of limited marketability or value.

PREMISES

The property upon which the activity is conducted as determined by physical facts, rather than property lines. It is the land occupied by the buildings or other physical uses that are necessary or customarily incidental to the activity, including such open spaces as are arranged and designed to be used in connection with such buildings or uses. The following are not considered to be a part of the premises on which the activity is conducted, and any signs located on such land are to be considered off-premises advertising:

Any land which is not used as an integral part of the principal activity, including land which is separated from the activity by a roadway, highway, or other obstruction, and not used by the activity; and extensive undeveloped highway frontage contiguous to the land actually used by a commercial facility, even though it might be under the same ownership.

Any land which is used for, or devoted to, a separate purpose unrelated to the advertised activity.

Any land which is in closer proximity to the highway than to the principal activity, and developed or used only in the area of the sign site or between the sign site and the principal activity and whose purpose is for advertising purposes only. In no event shall a sign site be considered part of the premises on which the advertised activity is conducted if the site is located on a narrow strip of land which is nonbuildable land, or is a common or private roadway, or is held by easement or other lesser interest than the premises where the activity is located.

PRIMARY FRONTAGE

The facade of a building where the front entrance door is located. On a corner lot, there shall be two primary facades, one of which shall be designed with a front entrance door.

PROFESSIONAL WETLAND BIOLOGIST

An individual with at least a bachelor's degree in aquatic and/or terrestrial biology and/or ecology, and with a depth of knowledge in organisms and the processes of ecological systems.

PUBLIC NOTICE

The definition in the MPC shall apply.[6]

PUBLIC SEWAGE SERVICE

Service by a central wastewater collection and treatment system that is owned and/or operated by a municipality or municipal authority and was approved and permitted by DEP. Such systems are capable of serving multiple users. Such term shall also include a public system that was subsequently sold or leased to a private company, but which continues to serve the same purpose.

PUBLIC UTILITY

A use which is operated, owned or maintained by a public utility corporation and regulated by the Pennsylvania Public Utility Commission in accordance with the requirements of the Pennsylvania Public Utility Code, 66 Pa.C.S.A. § 101 et seq., or which is operated, owned or maintained by a municipality or a municipal authority organized under the laws of Pennsylvania to provide public water service, public sewer service, or similar services. A "public utility" shall not include cellular telephone transmission or receiving facilities and similar facilities of entities, which are not governmentally owned and operated or are not regulated by the Pennsylvania Public Utility Commission.

PUBLIC WATER SERVICE

Service by a central water supply system that is owned and/or operated by a municipality or municipal authority or a water company regulated by the Public Utility Commission, and which was approved and permitted by DEP. Such systems are capable of serving multiple users.

QUARRY

See "mineral extraction."

RADIOACTIVE MATERIAL

Any natural or artificially produced substance which emits radiation spontaneously.

RECEIVING AREA

Any area which may be designated by the chapter to permit development beyond that permitted in the applicable base district where transferable development rights (TDRs) are acquired and assigned to the applicable development.

RECREATIONAL RESIDENCE

A dwelling, cabin, lodge or summer house which is intended for occupancy by any persons for less than 182 days of the year.

RECREATIONAL VEHICLE

A vehicle which meets all of the following standards: 1) is built on a chassis with wheels, 2) does not meet the definition of a manufactured home, 3) is designed to be self-propelled or towable by a light-duty truck, and 4) is not designed for use as a permanent dwelling, but instead is for temporary living quarters for recreational, camping, travel, or seasonal use.

RECYCLING COLLECTION FACILITY

A facility for the collection and temporary storage of recyclable materials, as defined in Chapter 20.

RECYCLING FACILITY

A facility for reprocessing used materials, including, but not limited to, recyclable materials, as defined in Chapter 20.

REDEVELOPMENT

Any alteration, enlargement or extension of a building, where the value of such alternation, enlargement or extension is equal to or greater than the 25% of the assessed value of the existing building, including the cumulative total of any demolition, new construction, alteration, enlargement or extension of a building approved from the date of adoption of this chapter.

RELATED or RELATIVE

Persons who are related by blood, marriage, adoption or formal foster relationship to result in one of the following relationships: spouse, brother, sister, parent, child, grandparent, great-grandparent, grandchild, great-grandchild, uncle, aunt, niece, nephew, sister-in-law, brother-in-law, or parent-in-law. This term specifically shall not include other relationships such as cousins. See definition of "dwelling unit." The term "unrelated" means persons who do not meet the definition of "related."

RENEWABLE ENERGY SOURCE

Any method, process or substance whose supply is rejuvenated through natural processes and, subject to those natural processes, remains relatively constant, including, but not limited to, biomass conversion, geothermal energy, solar and wind energy, and hydroelectric energy, and excluding those sources of energy used in the fission and fusion processes.

RENTAL

A procedure by which services or personal property are temporarily transferred to another person for a specific time period.

RESIDENTIAL DISTRICT/RESIDENTIALLY ZONED

Any parcel located in the SR, RM or V Districts. The AG District specifically is not a residential district.

RESIDENTIAL OCCUPANCY

The occupancy of a dwelling by one family (as defined in this chapter) on a nontransient basis for a period of 30 or more continuous days.

RESTAURANT

An establishment that serves prepared food primarily on nondisposable tableware, but can provide for incidental carry-out service so long as the area used for carry-out service does not exceed 5% of the total patron seating area nor 80 square feet (whichever is less). Caterers shall be included in this definition.

RESTAURANT, DRIVE-THROUGH

A business that sells ready-to-eat food and drink to customers, and which includes customers ordering food from their vehicles on the site and then picking up their orders at a window. This term shall not include advance orders made off-site over the phone or the internet.

RETAIL

Those businesses whose primary activities involve the display and sales of goods and products to the general public. This term shall not include adult-related uses as defined herein.

RIGHT-OF-WAY

A corridor of publicly owned or eased land for purposes of maintaining primary vehicular and pedestrian access to abutting properties, including, but not limited to, roads, streets, highways and sidewalks. Abutting property owners are prohibited from encroaching across the right-of-way line. (See also "street line.")

RIPARIAN BUFFER (RB)

A land area adjacent to a waterway that is required to be maintained in a mostly vegetated condition under this chapter.

ROADSIDE STAND FOR RETAIL SALE OF AGRICULTURAL PRODUCTS

A structure from which produce, plants, dairy products and farm products that were at least grown or produced on the site are sold to the general public. See standards for retail sale of agricultural products in § 27-302, which also regulates open air sales and sales from a vehicle or trailer.

SATELLITE DISH ANTENNA

A device incorporating a reflective surface which is solid, open mesh or bar-configured and is in the shape of a shallow dish, cone, horn, or cornucopia. Such device shall be used only to receive radio or electromagnetic waves. A device which is designed to receive and transmit shall be included within the definition of "communication antenna" and shall not be considered a satellite dish antenna for the purpose of this chapter.

SCHOOL

A principal use in which supervised education or instruction is offered according to the following categories:

NURSERY SCHOOLA school licensed by the Commonwealth of Pennsylvania as a nursery school or kindergarten and provides regular instruction and daytime care for children who are a minimum of two years and seven months old.

ELEMENTARY SCHOOLA school licensed by the Commonwealth of Pennsylvania which meets the requirements for elementary education.

SECONDARY SCHOOLA school licensed by the Commonwealth of Pennsylvania which is authorized to provide secondary education and award diplomas for such education.

VOCATIONAL SCHOOLA secondary or higher educational facility primarily teaching usable skills that prepares students for jobs in a trade and meeting the state requirements as a vocational facility.

SCHOOL SUPPORT FACILITIES

Facilities which are required to maintain efficient operation of a school or school system but which are not directly related to the academic program of study, including, but not limited to, school bus depots, maintenance warehouses, etc.

SELF-STORAGE FACILITY

A building and/or series of buildings divided into separate storage units for personal property and/or property associated with some business or other organization. These units shall be used solely for dead storage, and no processing, manufacturing, sales, research and development testing, service and repair, or other nonstorage activities shall be permitted.

SENDING AREA, TDR

Any area designated by this chapter from which one or more transferable development rights may be severed and conveyed in accordance with the provisions of this chapter, including any lot or lots meeting the sending area qualifications set forth herein.

SETBACK LINE, MINIMUM

A line within a property and parallel to a property or street line which delineates the required minimum distance between some particular use of property and that property or street line.

SETBACK, MINIMUM

The required minimum horizontal distance between a minimum setback line and a property or street right-of-way line.

SETBACK, FRONT MINIMUMThe minimum distance between the street line and the front setback line projected the full width of the lot. Commonly called "required front yard."

SETBACK, REAR MINIMUMThe minimum distance between the rear lot line and the rear setback line projected the full width of the lot. Commonly called "required rear yard."

SETBACK, SIDE MINIMUMThe minimum distance between the side lot line and the side setback line projected from the front yard to the rear yard. Commonly called "required side yard."

SEWER AUTHORITY

The Northwestern Lancaster County Municipal Authority, or any successor entity.

SHADE TREE

A deciduous tree that shall have a clear trunk at least five feet above the finished grade.

SHOPPING CENTER

A group of primarily retail, commercial establishments planned, constructed and managed as a total entity, where each establishment has an individual entrance from the parking area or street, and where customer and employee parking is shared and provided on-site.

SIGN

Any structure or device that shall include any letter, word, insignia, three-dimensional figure or model, or representation which is designed to advertise, identify, announce, or otherwise visually communicate the interests of any person, group, or business when such is viewed by the general public. Flags of any governmental unit or branch of any charitable or religious organization, interior signs not visible from a public right-of-way or adjoining property, and cornerstones built into or attached to a building wall shall not be considered signs. This definition shall include any sign placed upon a vehicle or trailer when the location of the vehicle or trailer is reasonably construed as being placed for the display of advertising material. Sign types shall include the following:

BILLBOARDA type of off-premises sign, whether freestanding or attached to a building or other structure, which is used to advertise, identify, or attract attention to products, commodity, service, businesses, persons, events, ideologies, or other messages that are not principally located on the same premises as the sign, and which has a sign area of greater than five square feet.

DIGITAL SIGNA sign or portion thereof where the message copy includes characters, letters or illustrations that can be changed or rearranged electronically without touching or physically altering the primary surface of the sign. Message copy may be changed in the field or from a remote location.

DOUBLE-SIDED SIGNA sign consisting of two sign area surfaces that are closely similar in size and shape.

FREESTANDING SIGNA sign supported by footings, a pedestal, uprights, or braces, or that is suspended from a column, pole, pedestal or other support(s) located in or upon the ground surface.

OFF-PREMISES SIGNA sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located. Off-premises signs shall be considered nonaccessory uses.

ON-PREMISES SIGNA sign relating to the permitted use of the premises on which it is located or to products, accommodations, services or activities on the premises.

PERSONAL EXPRESSION SIGNA sign expressing or communicating a noncommercial message, including an opinion, feeling, interest or point of view. These messages may include, but are not limited to: a) ideological, religious, political or social messages, b) a preference for a sports team, or c) an endorsement of a political candidate or an opinion on a political referendum. See separate provisions that allow certain types of flags in § 27-313.3. Seasonal holiday decorations shall not be considered to be personal expression signs.

PROJECTING SIGNA sign which is mounted perpendicular to the wall of a building or other structure or hung from a canopy or awning, and which may have two advertising surfaces.

ROOF SIGNAny sign erected, constructed and maintained upon or over the roof of any building with the principal support on the roof structure, and that has a sign area that extends above the roof.

WALL SIGNA sign which is mounted parallel to a wall or other vertical building surface and having a single advertising surface.

WINDOW SIGNA temporary or permanent sign which is oriented to the public right-of-way and is located on the inside of a window to direct attention to an activity conducted on the same lot.

SIGN AREA

Construed to include all lettering, wording and accompanying designs and symbols, together with the background, whether open or enclosed, on which they are displayed, but not including any supporting framework and bracing which are incidental to the display itself. Where the sign consists of individual letters or symbols attached to a surface, building, wall or window, the area shall be considered to be that of the smallest rectangle, circle or square which encompasses all of the letters and symbols.

SINGLE AND SEPARATE OWNERSHIP

The ownership of a lot by one or more persons, which ownership is separate and distinct from that of any abutting or adjoining lot. Ownership shall be considered separate and distinct where lots have been separately described as such, by metes and bounds, in a recorded deed or conveyance prior to the enactment of this chapter, or an amendment thereto, and have continued since that date to be so separately described in all subsequent recorded deeds of conveyance.

SKIDDING

The dragging of felled trees on the ground from the stump to the landing by any means.

SLASH

Woody debris left in the woods after logging, including logs, chunks, bark, branches, uprooted stumps, and broken or uprooted trees and shrubs.

SMALL WIRELESS FACILITY

The equipment and network components, including antennas, transmitters and receivers, used by a wireless provider that meet the following qualifications:

Each antenna associated with the deployment is no more than three cubic feet in volume.

The volume of all other equipment associated with the wireless facility, whether ground-mounted or pole-mounted, is cumulatively no more than 28 cubic feet. Any equipment used solely for the concealment of the small wireless facility shall not be included in the calculation of equipment volume under this subsection of this definition.

SOIL SURVEY

The latest information on soils that has been distributed by the U.S. Natural Resources Conservation Service.

SOLAR ENERGY SYSTEM

An active or passive energy system which coverts solar energy into thermal, electrical, or mechanical energy, and consists of a solar energy collector, such as cells, panels, or arrays, an energy conversion and storage facility, and/or components for the distribution of transformed energy.

SOLID WASTE

Garbage, refuse and other discarded materials, including, but not limited to, solid and liquid waste materials resulting from municipal, industrial, commercial, agricultural and residential activities. Such wastes shall not include biological excrement nor hazardous waste materials as defined in the Code of Federal Regulations, Title 40, Chapter 1, Part 261, dated July 1, 1984, or as amended.

SPECIAL EXCEPTION

A use that is generally compatible with a particular district once specified criteria have been met. Special exception uses are listed by district and approved by the Zoning Hearing Board in accordance with § 27-605 of this chapter.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals.

SPECIFIED SEXUAL ACTIVITIES

For the purposes of this chapter, this term shall include any of the following:

Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal contact, bestiality, direct physical stimulation of unclothed genitals, infliction of pain combined with sexual activities, masturbation, or the use of excretory functions in the context of sexual activities; and/or

Clearly depicted human genitals in a state of sexual stimulation.

SQUARE

STABLE

Any building, structure or portion thereof used for the shelter and care of horses, either permanently or transiently. A commercial stable shall include provisions for riding schools, training, or shows, where services are provided to persons other than an occupant of the property for a fee. Noncommercial stables shall be regulated by § 27-302.20.

STAND

Any area of forest vegetation whose site conditions, past history, and current species composition are sufficiently uniform to be managed as a unit.

STEEP SLOPE

A natural geographical area, whether on one or more lots, which has a ratio of vertical distance to horizontal distance of greater than 15%, based on two-foot contour interval, and measured over a minimum of three contours (six feet) and 500 square feet of area.

STEEP SLOPE, MODERATELY

Any area defined as steep slope, where the slope measures from 15% to less than 25%.

STEEP SLOPE, SEVERELY

Any area defined as steep slope, where the slope measures 25% or greater.

STORAGE

A function involving the deposition of materials, goods and/or products for safekeeping.

STORY

That part of a building located between a floor and the floor or roof next above. The first story of a building is the lowest story, having 75% or more of its wall area above grade level. A half-story is a story under a gable, hip or gambrel roof, the wall plate of which on at least two opposite exterior walls is not more than two feet above such story.

STREAM

Any natural or man-made channel of conveyance of surface water with a perennial or intermittent flow within a defined bed and bank.

STREET

Includes street, avenue, boulevard, road, highway, freeway, lane, viaduct and any other dedicated and adopted public right-of-way used or intended to be used by vehicular traffic and/or pedestrians.

STREET CENTER LINE

The horizontal line paralleling the street that bisects the street right-of-way into two equal widths. In those instances where the street right-of-way cannot be determined, the street center line shall correspond to the center of the cartway.

STREET LINE (RIGHT-OF-WAY LINE)

A line defining the edge of a street right-of-way and separating the street from abutting property or lots. The street line shall be the same as the legal right-of-way line currently in existence.

STREET WALL

The physical wall that is formed when building facades and other approved architectural or landscaping elements are located uniformly near a front lot line. The street wall defines the outer boundaries of the streetscape and may be comprised of elements such as walls, fences, or hedges, when an existing building is already set back from the street.

STREETSCAPE

The physical elements within and along the street right-of-way that define its appearance, character, and function, including adjacent buildings and land uses, streetlighting and furniture, landscaping, street trees, sidewalks, and on-street parking. Physically, the streetscape is bound by the space between building facades and/or street walls on either side of a street right-of-way.

STRUCTURE

An assembly of materials constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground, any portion of which is above the natural surface grade, including, but not limited to, buildings, sheds, cabins, manufactured/mobile homes and trailers, fences, dams, culverts roads, railroads, bridges, storage tanks, and signs.

For the purposes of § 27-214 of this chapter, a structure shall be considered anything constructed or erected on the ground or attached to the ground, including, but not limited to, buildings, sheds, manufactured homes and other similar items. This term includes any man-made object having an ascertainable stationary location on or in land or water, whether or not affixed to land.

Structures shall not include such things as sandboxes, decorative fountains, swingsets, birdhouses, mailboxes, and any similar nonpermanent improvements.

STRUCTURE, ACCESSORY

A structure associated with an accessory use, such as a household swimming pool, patio, tennis court, vehicle garage, or utility shed.

STRUCTURE, PRINCIPAL

A structure occupied by the principal use of the lot.

SUBDIVISION

The definition in Chapter 22, Subdivision and Land Development, shall apply.

SUBSTANTIAL DAMAGE

Damage from any cause sustained by a structure whereby the cost of restoring the structure to its before-damaged condition would equal or exceed 50% or more of the market value of the structure before the damage occurred.

SWIMMING POOL

Any man-made pool, not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than two feet. Farm ponds are not included, provided that swimming was not the primary purpose for their construction.

TARGET RANGE, PERSONAL

A firearms target range that is only used by permanent residents or owners of a property, and that only experiences occasional use.

TATTOO/BODY PIERCING ESTABLISHMENTS

A use where the work of tattooing and/or body piercing is conducted for a fee.

TAVERN

An establishment which serves primarily alcoholic beverages for mostly on-premises consumption and which is licensed by the Pennsylvania Liquor Control Board, but which is not a nightclub. Taverns may also serve food.

TDR

See "transferable development rights."

TEMPORARY RETAIL SALES

The offering of goods for sale to the public for a time period not to exceed 30 consecutive days per year, from a nonpermanent structure or from an open air location where goods are not normally displayed as part of a permanent, ongoing retail establishment. Examples include the sale of Christmas trees, or Mother's Day or Easter flowers, but shall not include roadside stands for agricultural sales which are addressed in § 27-302.18. See §§ 27-702.16 and 27-302.

TESTING

A function involving the examination and assessment of qualities, performances and/or capabilities of a product, good or material.

TIMBER HARVESTING or TREE HARVESTING

A forestry operation that involves cutting down of trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood, wood-related or paper products.

TOWNSHIP

Penn Township.

TRACT

A lot or lots owned, used or developed for a single purpose.

TRACT AREA, TRACT ACREAGE, or GROSS TRACT AREA

The acreage of the entire development tract, including the lot area of all lots that are part of a subdivision or land development, calculated prior to the development of any new streets.

TRACT, DEVELOPMENT

See "development tract."

TRACT, PARENT

See "parent tract."

TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND)

The definition in the MPC shall apply.[7]

TRANSFERABLE DEVELOPMENT RIGHTS (TDR)

An optional system available that allows the permission to develop one or more dwelling units to be transferred from one area of the Township (a "sending area") to another area of the Township (a "receiving area") that the Township has determined could be suitable for a higher density, and which may include incentives. There may also be opportunities under this chapter to transfer a development right to another property to provide an incentive for business development.

See the assignment of TDRs by § 27-325 of this chapter to lots meeting sending area qualifications set forth therein.

A TDR can be severed and conveyed by a deed of transferable development rights.

This process shall include the recordation of a deed of transferable development rights in the Office of the County Recorder of Deeds.

TRANSIENT RESIDENCE

The occupancy of a dwelling unit by persons for less than 30 consecutive days, such as for use as a vacation home. In order for the occupancy of a dwelling unit to not be considered a transient residence, such dwelling unit shall be owner-occupied or shall be leased to one family for a period of not less than 30 continuous days.

TRANSITIONAL HOUSING

Living arrangements for up to five unrelated individuals that do not meet the definition of "family" or "group home" that are provided by a state-licensed community-based facility which provides lodging, rehabilitative services, and/or meals for residents who have completed treatment at a rehabilitation facility or who have recently been released from a county, state, or federal prison, but are not yet ready to return to independent living in the community.

TREATMENT CENTER

A use (other than a prison or a hospital) providing in-house treatment and specialized counseling for three or more unrelated persons to address current addiction to illegal drugs, drugs that are controlled substances, or alcohol.

TREETOP

The upper portion of a felled tree that is not merchantable because of small size, taper or defect.

TRUCK STOP

A use that provides fuel for vehicles, and includes two or more diesel pumps with a capacity of more than 20 gallons per minute. A truck stop may also include truck parking areas, showers, a restaurant, and/or a retail store.

TRUCK TERMINAL

A use involving a large variety of materials, including materials owned by numerous corporations, being transported to a site to be unloaded primarily from tractor-trailer trucks and reloaded onto tractor-trailer trucks.

TWO-FAMILY CONVERSION

The conversion of an existing single-family detached dwelling unit to contain two separate dwelling units.

UNIFORM CONSTRUCTION CODE (UCC)

The Pennsylvania Uniform Construction Code ("UCC") as adopted by the Pennsylvania Department of Labor and Industry and the Township in Chapter 5, Part 1, of the Code of Ordinances.

USE

The specific purpose for which land or a structure is designed, arranged, intended, occupied or maintained.

USE, ACCESSORYA use customarily incidental and subordinate to the principal use or building and located on the same lot with this principal use or building.

USE, COMMERCIALA use specifically listed under, or of a similar nature to a use listed under, the "commercial uses" header in the use table found in § 27-202.

USE, INDUSTRIALA use specifically listed under, or of a similar nature to a use listed under, the "industrial uses" header in the use table found in § 27-202.

USE, INSTITUTIONALA use specifically listed under, or of a similar nature to a use listed under, the "institutional uses" header in the use table found in § 27-202.

USE, PRINCIPALThe main or primary use of property or structures.

USE AND OCCUPANCY PERMIT

A permit issued by the Zoning Officer certifying a use's compliance with information reflected on the zoning permit and this chapter.

VARIANCE

A modification of any provision of this chapter granted by the Zoning Hearing Board subject to findings specified by the MPC.

VETERINARIAN'S OFFICE

A building used primarily for the treatment, by a veterinarian, of small domestic animals such as dogs, cats, rabbits and birds or fowl. No outdoor boarding of animals is permitted. If the use provides kennel facilities, the requirements for a kennel shall also be met, except for the keeping of sick animals.

WALKWAY

A paved pedestrian accessway, located in designated open space, in a campus setting, or location other than adjacent to a right-of-way.

WATER AUTHORITY

The public entity provided with the authority to provide central water service within the applicable area of the Township, such as the Northwestern Lancaster County Authority or Manheim Area Water and Sewer Authority, or their successor entities.

WATERCOURSE

A permanent or intermittent stream, river, brook, run, creek, channel, swale, pond, lake or other body of surface water carrying or holding surface water, whether natural or artificial.

WATERSHED

All the land from which water drains into a particular watercourse.

WETLAND

Area with the characteristics of wetland, as defined by the U.S. Environmental Protection Agency, U.S. Army Corps of Engineers and DEP. Wetland areas are not limited to the locations delineated on wetland maps prepared by the U.S. Fish and Wildlife Service.

WHOLESALE

Any distribution procedure involving persons who, in the normal course of business, do not engage in sales to the general public.

WIND TURBINE

Any device that is designed to convert wind energy into electrical energy. This term includes the blades, hubs to which blades are attached, and any device, such as a tower, used to support the hub and/or rotary blades.

WINDOW

An opening to the outside, other than a door, which provides all or part of the required natural light, natural ventilation or both to an interior space. The glazed portion of a door in an exterior wall may be construed to be a window in regard to provision of natural light.

YARD, MINIMUM

The minimum required horizontal area between a principal structure or use and a property line or street right-of-way.

YARD, FRONT MINIMUMThe minimum area contained between the street right-of-way line and the principal structure.

YARD, REAR MINIMUMThe minimum area contained between the rear property lines and the principal structure or use. On corner and reverse frontage lots, the rear yard shall be considered that area between the principal structure and the property line directly opposite the street of address.

YARD, SIDE MINIMUMThe minimum area(s) between a principal structure or use and any side lot line(s). On corner lots, the side yard shall be considered those areas between the principal structure and the property lines directly opposite the nonaddress street(s).

YARD, MINIMUM REQUIRED FRONT

The horizontal area between a street right-of-way and the required front yard setback line. If a building is required to have a thirty-foot front yard and the building actually has a fifty-foot front setback, the minimum required front yard shall only include the first 30 feet.

YARD, REQUIRED

The area(s) between a street right-of-way line, side lot line, or rear lot lines, and the respective structure or use setback line, side setback line, or rear setback line.

ZONING

The designation of specified districts within the Township, reserving them for certain uses together with limitations on lot size, heights of structures and other stipulated requirements.

ZONING OFFICER

The duly constituted municipal official designated to administer and enforce this chapter in accordance with its literal terms.

ZONING PERMIT

Written authorization from the Zoning Officer to alter, improve, construct and/or make use of an area of land as regulated by this chapter.

[1]

Editor's Note: See 3 P.S. § 951 et seq.

[2]

Editor's Note: See 3 Pa.C.S.A. § 501 et seq.

[3]

Editor's Note: See 53 P.S. § 11704.2.

[4]

Editor's Note: See 53 P.S. § 10708-A.